Cooley 

M. Anne Swanson 

202.77 6.2534 

aswanson@cooley .com 

U.S. Department of Transportation 

· Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

December 14, 2015 

RE: Exemption Request Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

J.R. Simplot Company ("Simplot"), by its attorneys, and pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (the "Reform Act") and 14 C. F. R. Part 11, seeks an 

exemption from the Federal Aviation Regulations ("FARs") listed below and discussed in detail 

in Appendix 1. 1 Simplot seeks this exemption to allow its use of the following unmanned aerial 

systems ("UASs"): (a) the Precision Hawk, Inc. Lancaster and (b) the senseFiy eBee. 

Simplot is one of the largest privately owned agricultural companies in the United States. 

Simplot conducts major operations in areas such as ranching, food processing, mining, retail, 

and fertilizer production. Simplot will operate the small UAS ("sUAS") to conduct aerial data 

collection operations, including, but not limited to, precision aerial surveys to support the 

company's agricultural business activities. 

The name and address of the applicant are: 

J.R. Simplot Company 

Attn: Allan Fetters, Director, Technology 

One Capital Center 

999 W. Main Street, Suite 1300 

Boise, Idaho 83702 

Ph: 208-672-2700 

Email: allan.fetters@simplot.com 

Simplot will operate the sUAS within and under the conditions outlined herein or as established 

by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. § 44701 (f). 

The operating conditions and limitations set forth below are identical to those imposed on 

previous exemption applicants that seek to conduct aerial data collection operations, including 

CH2M Hill Companies L TO, lnc.

2 The only material difference in this request from that particular 

1 See Pub. Law 112-95,126 Stat. 11, § 333 (2012). 

2 See CH2M Hill Companies L TO, Inc., FAA Exemption No. 13662, Regulatory Docket No. FAA2015-3719 (November 17, 2015). 

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grant is a change in the aircraft that Simplot proposes to use; however, the FAA has granted 

other petitioners' exemption requests for use of the Precision Hawk Lancaster and the senseFiy 

eBee in various commercial uses. 3 Because the unmanned vehicles specified in this request 

are the same aircraft as already approved in exemptions granted by the FAA, and Simplot will 

operate the aircraft in strict compliance with the conditions in existing exemptions previously 

granted by the FAA, or as they may be amended, publication of this filing need not be provided 

in the Federal Register in order to solicit public comment. 

As discussed below, the requested exemption would authorize commercial operations using 

sUAS, which, with a maximum take-off weight of less than 55 pounds, are lightweight and small 

in size. The unmanned vehicles will be operated under controlled conditions at low altitude in 

airspace that is limited in scope; they will have automated control features. The unmanned 

vehicles also will be operated by an individual possessing at least a recreational or sport pilot 

certificate and a U.S. state or commonwealth issued driver's license. Simplot hereby requests a 

blanket Certificate of Waiver or Authorization ("COA") for flights up to 200 feet above ground 

level in the form previously approved by the FAA. Simplot understands that under current FAA 

guidance, a separate COA is required to fly at altitudes above 200 feet above ground level; it 

will apply for such COAs when required. In addition, Simplot will file Notices to Airmen for its 

flights, as required. 

Simplot respectfully submits that because these sUASs will be used in lieu of comparatively 

hazardous operations that would otherwise be conducted with conventional fixed wing or rotary 

aircraft, the FAA can have confidence that the operations will achieve at least an equivalent 

level or greater level of safety. Approval of this exemption would thereby enhance safety and 

fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities under 

Section 333(c) of the Reform Act to "establish requirements for the safe operation of such 

aircraft systems in the national airspace system." 

The regulations from which the exemption is requested are as follows: 

14 C.F.R. § 61.23(a) & (c); 

14 C.F.R. § 61.101(e)(4) & (5) 

14C.F.R. §61.113(a); 

14 C.F.R. § 61.315(a); 

14 C.F.R. § 91.7(a); 

14 C.F.R. § 91.119(c); 

14 C.F.R. § 91.121 

14 C.F.R. § 91.151(a); 

14 C.F.R. § 91.405(a); 

14 C.F.R. § 91.407(a)(1); 

14 C.F.R. § 91.409(a)(2); 

14 C.F.R. § 91.417(a) & (b) 

3 See, e.g., Satste/lar, LLC, FAA Exemption No. 12785, Regulatory Docket No. FAA-2015-1259 

(September 8, 2015). 

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Appendix 1 discusses each rule listed above and, in detail, explains why exemptions pursuant 

to the proposal set forth in this letter will be appropriate, will provide an equivalent level of 

safety, and will advance the public interest. 

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 

Simplot submits that grant of this exemption application for commercial use of the specified 

unmanned vehicles will advance the Congressional mandate in Section 333 of the Reform Act 

to accelerate the introduction of UASs into the national airspace system ("NAS") if it can be 

accomplished safely. This law directs the Secretary of Transportation to consider whether 

certain UASs may operate safely in the NAS before completion of the rulemaking required 

under Section 332 of the Reform Act. In making this determination, the Secretary is required to 

determine which types of UASs do not create a hazard to users of the NAS or the public or pose 

a threat to national security in light of the following: 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333(a)(1 ). If the Secretary determines that such vehicles "may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe operation 

of such aircraft in the national airspace system." /d. § 333(c) (emphasis added). 4 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§ 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness 

certificate and regulations requiring commercial pilots to operate aircraft in commercial service: 

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections 44702-

44716 of this title if the Administrator finds the exemption is in the public interest. 

49 U.S.C. § 44701 (f). See also 49 U.S.C. § 44711 (a); 49 U.S.C. § 44704; 14 C.F.R. 

§ 91.203(a)(1 ). 

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; this additional authority in the Federal Aviation Act, as amended; 

the strong equivalent level of safety surrounding the proposed operations; and the significant 

4 Simplot submits that this provision places a duty on the Administrator to not only process 

applications for exemptions under Section 333, but for the Administrator, if he deems the 

conditions proposed herein require modification to allow approval, to supply conditions for the 

safe operation of the UAS. Simplot welcomes the opportunity to consult with FAA staff in order 

to address any issues or concerns that this proposal may raise that they believe may require 

modification. 

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public benefit, including enhanced safety and cost savings associated with transitioning to 

sUASs for aerial data collection and lack of any threat to national security. Accordingly, Simplot 

respectfully requests that the FAA grant the requested exemption without delay. 5 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

Simplot proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to operations that 

would be conducted with conventional aircraft. 

These limitations and conditions, which are drawn from the exemption granted to CH2M Hill 

Companies L TO, Inc., Exemption No. 13362, and to which Simplot (or "operator") agrees to be 

bound when conducting commercial operations, are as follows: 

1. Operations authorized by this grant of exemption are limited to the Precision Hawk 

Lancaster and the senseFiy eBee when weighing less than 55 pounds including 

payload. Proposed operations of any other aircraft will require a new petition or a 

petition to amend this grant. 

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted. 

3. The UAS may not be operated at a speed exceeding 87 knots (1 00 miles per hour). The 

operator may use either groundspeed or calibrated airspeed to determine compliance 

with the speed restriction. In no case will the UAS be operated at airspeeds greater than 

the maximum UAS operating airspeed recommended by the aircraft manufacturer. 

4. The UAS must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or 

U.S. driver's license. 

5 As noted above, in filing this application, Simplot also requests that the FAA, as it has in recent 

decisions, combine the grant of the Section 333 exemption with a stand-alone COA that will 

allow commercial operation of the unmanned vehicles without the necessity of filing for a COA 

for each flight. Compliance with the conditions agreed to herein and those that may be imposed 

by the FAA, as set forth in prior Section 333 exemptions, provide the separation needed from 

other aircraft. Notice to airmen and notice to air traffic control can be provided by the filing of a 

NOT AM as set forth within the proposed conditions. 

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6. All operations must utilize a visual observer (VO). The UAS must be operated within the 

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy 

the VLOS requirement as long as the PIC always maintains VLOS capability. The VO 

and PIC must be able to communicate verbally at all times. Electronic messaging or 

texting is not permitted during flight operations. The PIC must be designated before the 

flight and cannot transfer his or her designation for the duration of the flight. The PIC 

must ensure that the VO can perform the duties required of the VO. 

7. The exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in the grant of 

exemption are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, the 

conditions and limitations in the exemption take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. 

The operator may update or revise its operating documents. It is the operator's 

responsibility to track such revisions and present updated and revised documents to the 

Administrator or any law enforcement official upon request. The operator must also 

present updated and revised documents if it petitions for extension or amendment to this 

grant of exemption. If the operator determines that any update or revision would affect 

the basis upon which the FAA granted this exemption, then the operator must petition for 

an amendment to its grant of exemption. The FAA's UAS Integration Office (AFS-80) 

may be contacted if questions arise regarding updates or revisions to the operating 

documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo a 

functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such a 

manner so as to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in 

a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS 

is in a condition for safe flight. The pre-flight inspection must account for all potential 

discrepancies, e.g., inoperable components, items, or equipment. If the inspection 

reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited 

from operating until the necessary maintenance has been performed and the UAS is 

found to be in a condition for safe flight. 

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11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, 

private, recreational or sport pilot certificate. The PIC must also hold a current FAA 

airman medical certificate or a valid U.S. driver's license issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC 

must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft 

in which the PIC is rated on his or her pilot certificate. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability 

to safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles, and structures. PIC qualification 

flight hours and currency must be logged in a manner consistent with 14 CFR § 

61.51 (b). Flights for the purposes of training the operator's PIGs and VOs (training, 

proficiency, and experience-building) and determining the PIC's ability to safely operate 

the UAS in a manner consistent with how the UAS will be operated under this exemption 

are permitted under the terms of this exemption. However, training operations may only 

be conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate distance from 

nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

16. The UAS may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted 

with an ARP, the center of the airport symbol as denoted on the current FAA-published 

aeronautical chart, unless a letter of agreement with that airport's management is 

obtained or otherwise permitted by a COA issued to the exemption holder. The letter of 

agreement with the airport management must be made available to the Administrator or 

any law enforcement official upon request. 

17. The UAS may not be operated less than 500 feet below or less than 2, 000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

18. For tethered UAS operations, the tether line must have colored pennants or streamers 

attached at not more than 50 foot intervals beginning 150 feet above the surface of the 

earth and visible from at least one mile. This requirement for pennants or streamers is 

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not applicable when operating exclusively below the top of and within 250 feet of any 

structure, so long as the UAS operation does not obscure the lighting of the structure. 

19. If the UAS loses communications or loses its GPS signal, the UAS must return to a 

predetermined location within the private or controlled-access property. 

20. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

21 . The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the intended 

operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater. 

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The exemption 

holder may apply for a new or amended COA if it intends to conduct operations that 

cannot be conducted under the terms of the COA attached to the Section 333 grant. 

23. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable. 

24. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91 .9 and 91.203 must be available to the PIC 

at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request. 

25. The UAS must remain clear and give way to all manned aviation operations and 

activities at all times. 

26. The UAS may not be operated by the PIC from any moving device or vehicle. 

27. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UAS and/or debris in the event of an accident. The operator must 

ensure that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of the UA, 

flight operations must cease immediately in a manner ensuring the safety of 

nonparticipating persons; and, 

b. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a safety 

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assessment of the risk of operating closer to those objects and determined that it does 

not present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered nonparticipating 

persons under this exemption. 

28. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. Permission 

from property owner/controller or authorized representative will be obtained for each 

flight to be conducted. 

29. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions contained 

on the NTSB Web site: www.ntsb.gov. 

******** 

Privacy. All Simplot UAS operations will be conducted in accordance with applicable federal , 

state, or local laws regarding privacy. 

National Security. No national security issue is raised by the grant of this exemption. Given 

the size, load carrying capacity, speed at which the unmanned aerial vehicles operate, and the 

fact that they carries no explosives or other dangerous materials, the sUASs pose no threat to 

national security. 

******** 

In summary, Simplot seeks an exemption from the FARs set forth in Appendix 1 to operate 

commercially sUAS (55 lbs. or less) in aerial data collection operations, as described above. 

Approval of this exemption for commercial operations will enhance safety by reducing risk. 

Conventional operations, using jet or piston powered aircraft, operate at extremely low altitudes 

just feet from the subject being inspected and in extreme proximity to people and structures. 

Such manned operations present the risks associated with vehicles that weigh in excess of 

6,000 lbs., carrying large amounts of jet A or other fuel. Such aircraft must fly to and from the 

project location. In contrast, a sUAS, which weighs fewer than 55 pounds and is powered by 

batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel 

carried on board. The sUAS is carried to the target area and not flown . The sUAS will carry no 

passengers or crew and, therefore, will not expose such individuals to the risks associated with 

manned aircraft flights. 

The operation of this small craft, weighing fewer than 55 pounds, conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein. Operating at slow speeds- close to the ground and in areas that 

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are under the control of the operator- these aircraft will be far safer than would be conventional 

manned aircraft conducting similar operations and flying in close proximity to the ground and 

people. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size, weight, 

speed, operating capabilities, proximity to airports and populated areas, and operation within 

visual line of sight, and national security- provides more than adequate justification for the 

grant of this requested exemption to allow commercial operation of applicant's UAS for the 

purposes outlined herein. The grant will be consistent with exemptions already granted. 

Ll?J:s, 

M. Anne Swanson 

Counsel for J.R. Simplot Company 

cc: Mr. Rick May 

Mr. Jake Troutman 

Mr. Dean Griffith, Esquire 

Mr. Dan Ngo 

Mr. Vid Mahan-Ram 

Mr. Allan Fetters 

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APPENDIX 1 

EXEMPTION REQUESTS AND DETAILED EQUIVALENT LEVEL OF SAFETY 

DEMONSTRATION UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

Simplot requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to its operation of the unmanned vehicles: 

14 C.F.R. § 61.23(a) and (c): Medical Certificates: Requirement and Duration 

Sections 61.23(a) and (c) address the requirement of medical certificates for pilots. Section 

61.23(a) requires a person exercising the privileges of a recreational pilot to hold at least a third 

class medical certificate. Section 61.23(c) permits the holder of a sport pilot certificate to act as 

PIC of a light-sport aircraft with either a medical certificate or U.S. issued driver's license. Lightsport aircraft may weigh up to 1 ,430 pounds and seat up to two persons, including the pilot. 

Comparatively, the unmanned vehicles will weigh fewer than 55 pounds, and they will not carry 

pilots, passengers, or cargo. The UAS will also be operated within visual line of sight of the PIC 

and below 400 feet above ground level and limited to operations with permission over private or 

controlled-access property. 

Given these safety parameters, Simplot requests that the FAA waive Section 61.23(a) upon a 

finding that an equivalent level of safety will be provided by allowing operation of the unmanned 

vehicles by pilots with a recreational pilot certificate and a valid U.S. state or commonwealth 

issued driver's license, in lieu of an FAA-issued medical certificate. Simplot also requests that 

the FAA grant relief from Section 61.23(c) to allow sport pilot certificate holders to operate 

aircraft other than light-sport aircraft with a valid U.S. issued driver's license. The FAA has 

granted exemptions to conduct similar operations in a number of cases, including Exemption 

11213. 

14 C.F.R. § 61.101(e)(4) and (5), 61.113(a), and 61.315(a): Recreational Pilot Privileges 

and Limitations; Private Pilot Privileges and Limitations: Pilot in Command; What are the 

privileges and limits of my sport pilot certificate? 

Sections 61.101 (e)(4) and (5) and 61.113(a) limit recreational or private pilots to noncommercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and 

cargo, the unmanned vehicles in this case are remotely controlled with no passengers or 

property of others on board. Section 61.315(a) addresses the privileges and limitations of the 

holder of a sport pilot certificate. 

Simplot respectfully proposes that operator requirements should take into account the 

characteristics of the particular UAS. The unmanned vehicles have a high degree of preprogrammed control and various built-in navigation and other technical capabilities that strictly 

limit the potential for operation outside of the operating conditions set forth in the exemption 

application. Flights are pre-programmed with precision GPS guidance and do not require 

human intervention. 
Given these safety features, operators of the unmanned vehicles should not be required to hold 

a commercial pilot certification. Instead, operators should be required to hold only a 

recreational or sport pilot certificate. 

The risks associated with the operation of the unmanned vehicles (given their size, speed, 

operational capabilities, and lack of combustible fuel) are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 with conventional aircraft (fixed 

wing or rotorcraft) that allowing operations of the UASs as set forth above meets or exceeds the 

present level of safety provided under the regulations cited above and does not rise to the level 

of requiring a commercial pilot to operate the aircraft. 

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing 

operation of the unmanned vehicles with a recreational or sports pilot certificate, under the 

conditions set forth in the exemption request. The FAA has granted exemptions to conduct 

similar operations in a number of cases, including Exemption 11213. 

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness. 

This regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Should the exemption be granted allowing commercial operation of the unmanned 

vehicles without an airworthiness certificate, no standard will exist for airworthiness of the 

unmanned vehicles. Given the size of the aircraft and the requirements to which the operator 

has agreed relating to airworthiness, an equivalent level of safety will be achieved. The FAA 

has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 

11080,11109, 11110,11136,11138, and 11213. 

14 C.F.R. § 91.119(c): Minimum Safe Altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

As set forth herein, the unmanned vehicles will never operate at higher than 400 feet AGL. 

They will, however, be operated to avoid congested or populated areas. Because aerial data 

collection must be accomplished at relatively low altitudes and at altitudes less than 500 feet 

AGL, an exemption from Section 91.119(c) is needed. 

The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the unmanned vehicles are built. Also, no flight will be taken without the permission of 

the landowner or those who control the land as well as the permission of local officials, if 

required. Because of advance notice to the landowner, all affected individuals will be aware of 

the flights. Compared to operations conducted with aircraft or rotorcraft weighing far more than 

55 pounds and carrying flammable fuel, any risk associated with these operations will be far 

less than the risks currently posed by conventional aircraft operating at or below 500 feet AGL. 

Indeed, the low-altitude operations of the UAS will maintain separation between these sUAS 

operations and the operations of conventional aircraft that must comply with Section 91.119. 

2 
The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 

11067, 11080, 11110, 11136,11138, 11150, 11153, and 11213. 

14 C.F.R. § 91.121: 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." As at least one sUAS model specified herein will 

not have a barometric altimeter, but instead a GPS altitude read out, an exemption will be 

needed. An equivalent level of safety will be achieved by the operator by confirming the altitude 

of the launch site shown on the GPS altitude indicator before flight. The FAA has granted 

exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning "a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing and, assuming normal cruising speed - (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

The batteries powering the unmanned aircrafts provide less than 30 minutes of powered flight. 

Without an exemption from§ 14 C.F.R. 91.151, the UAS's flights would not be possible. Given 

the limitations on their proposed operations and the location of those proposed operations, a 

longer time frame for flight in daylight VFR conditions is reasonable. 

Simplot believes that an exemption from 14 C.F.R. § 91.151(a) is safe and within the scope of 

prior exemptions. See Exemption 11213. Operating sUAS without 30 minutes of reserve fuel 

does not engender the type of risks that Section 91.151 (a) was meant to prevent given the size 

and speed at which the UAS operate. The fact that they carry no pilot, passenger, or cargo also 

enhances their safety. In the unlikely event that the unmanned vehicles achieve a low battery 

state, they would simply return to home and land. Given their weight and construction material, 

the risks are less than contemplated by the current regulation. 

Simplot believes that an equivalent level of safety can be achieved by maintaining five minutes 

of reserve fuel, which would be more than adequate to return the UAS to their planned landing 

zone from anywhere in their operating area. 

Similar exemptions have been granted to other operators, including Exemptions 11062 through 

11067,11080, 11109, 11110,11112,11136,11138, 11150,11153, and 11213. 

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections 

Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter .... " Section 91.407 similarly makes reference to requirements in Part 43; 

Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness 

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certificate. Section 91.417(a) requires the owner or operator to keep records showing certain 

maintenance work that has been accomplished by certificated mechanics, under Part 43, or 

licensed pilots and records of approval of the aircraft for return to service. 

Maintenance of the unmanned vehicles will be accomplished by the owner/operator. An 

equivalent level of safety will be achieved because the UAS are small in size, will carry a small 

payload, will operate only in restricted predetermined areas, and are not a complex mechanical 

device. The operator will ensure that the UAS are in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance that is performed; moreover, 

the operator is the person most familiar with the aircraft and is best suited to maintain the 

aircraft in an airworthy condition and to ensure an equivalent level of safety. The FAA has 

granted exemptions for similar operations in Exemptions 11062 through 11067, 11080, 11109, 

11110,11112, 11136,11138, and 11213. 

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